Liquidation of an inheritance is often a very delicate ordeal in a Moroccan family. Once the pill of loss has been swallowed, heirs are quickly caught up in the infernal circuit of inheritance procedures, when it comes to real estate (bare land, a house, an apartment or a multi-storey building). How do you manage a real estate inheritance in Morocco? What is the role of a topographical engineer when it comes to inheritance? We tell you all about it in this article.
Step 1: Death certificate and certificate of inheritance
Once the death has been declared to the civil registrar, he provides the heirs with the death certificate, which they must then present to the adoul, along with the civil status and possibly a photocopy of each heir's national identity card, at the adoul's request.
The latter will then draw up the "deed of inheritance", listing the name of the deceased, the names of the legal heirs and each heir's share of the estate. This document is drawn up in the presence of twelve male witnesses (relatives, family friends or neighbors) who will confirm the information in question and sign the document in turn, which will then be authenticated by the court.
The deed of inheritance is the key document in an inheritance procedure. It is essential for anyone wishing to assert their rights as an heir and protect themselves from any disagreements between heirs. It should be noted that the adoul provides two copies of the act of inheritance, but if certain heirs wish to archive this document, they can request several copies.
Once you have these two important documents (the deed of inheritance and the death certificate), the succession can begin. According to article 321 of the Family Code, "the succession is understood to be everything that the deceased possessed during his or her lifetime, in terms of property such as money, immovable and movable property and property rights such as the right of pre-emption and the right of acceptance of the will".
Stage 2: Balance sheet and asset valuation
Before proceeding with the succession, you need to have an idea of not only the assets to be passed on, but also their value. The second step is to draw up an inventory, listing all the deceased's assets and calculating their value. It is on this basis that the succession will be carried out.
At this stage, you need to call on the services of a topographical engineering firm to :
- Recognition of different land and urban planning aspects according to thedevelopment plan(Zone RA, E, C, ZNA, etc.).
- Restoring lost boundary markers and recognizing boundaries
- Delimitation of unregistered property with delimitation plans
- The study of undivided ownership and the possibility of division by fragmentation or co-ownership
- Appraisal of the market value of each property and its market price
Step 3: Division of undivided assets
The division is made according to what has been defined in the deed of inheritance. Thus, each heir receives his share of the property in accordance with what was allocated to him in step 1.
At this stage, the heirs must contact a topographical engineering firm to draw up a division plan or parcelling project, and the technical file for parcelling land where this type of operation is possible. In order to proceed with the division.
The tie-breaker (Al Mokharaja)
It means releasing the share of each heir, determining the payment to which he is entitled. Muslim jurisconsults devote part of the book on reconciliation to the division of inheritance.
There are two ways in which each heir can be released in the distribution of the inheritance:
- or by delivering a share of the inheritance directly to him, provided that the goods delivered correspond exactly to his share.
- Or by topping up certain shares with the other heirs' own money.
Divorce is therefore considered as the renunciation by one of the heirs of his or her share in exchange for a compensatory value in money or property.
The settlement is therefore identified with a contract of sale. Thus, each time the heir receives compensation, it is as if he were receiving delivery of a sale; he has total responsibility for it.
For buildings, a co-ownership technical file drawn up with theANCFCC by a topographical engineer may be the ideal solution.
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We hope this article has answered your questions. Please do not hesitate to contact us with the documents you have in your possession, if you have any comments or questions. We'll be happy to advise you without obligation.
To contact us :
- E-mail: [email protected]
- Tel: (+212) 6 60 41 02 18
Bonjour jai hérité de ma mère une maison à Marrakech et je ne peux pas avoir le titre a mon non car ilya 2 chambres en plus hors plan de la maison sur la terrasse aider moi trouver la solution je suis près a payer la pénalité mais a la cadastre cest pas possible en ce moment en plus j'habite en France merci beaucoup de votre aide
We have a house in 2 names (my husband and I) in Morocco and we are Muslims. In the event of my husband's death, what will I be entitled to if I have 2 daughters?
Salem, my father is deceased my mother is present is it necessary to pass to the adoul.
Salma, my dad died w mom owning 50 percent of the real estate ( house), so basically my understanding is that the 50 percent is subject to inheritance ( i believe a male relative will share inheritance with them) ....
But this might not apply to a homestead as things might be different....
I think a Abdul would usually be able to tell you.
I have a plot of land that I bought with my wife, but my wife died and I have three children with her. I would like my share.
My father bought land in Morocco in the 60s. What are my inheritance rights today?
Good evening, I have the inheritance of my grandparents in Morocco exactly in bouhria, after several steps and phone calls on behalf of my cousin in Morocco no result I know the hectares that owns my grandmother and my grandfather I do not know how to do, I send you my phone number 0670785210 for more information Coordialement mme ZENASNI Rabeha